Removal Proceedings Overview & Why You Should Hire a Deportation Lawyer

Removal Proceedings Overview & Why You Should Hire a Deportation Lawyer

Deportation and removal proceedings can be harsh for families to endure. In some instances, the process may be challenged and reversed with the proper defense and justification. Working with an experienced deportation lawyer may be the best solution.

With all of the legal activity regarding deportation and removal of certain non-U.S. citizens, many are questioning how these efforts may affect them and how they might protect themselves. More aggressive scrutiny and enforcement policies are underway in parts of the United States. In Texas, for example, legislation is in place to eliminate “sanctuary cities” and allow enforcement personnel more leeway in questioning individual residency status. Although the constitutionality of the new Texas SB-4 Immigration Enforcement Law has been challenged, the intent of the law is to identify and remove violators.

Who are Candidates for Removal or Deportation?

Usually, people think of deportation candidates as individuals who are undocumented and entered the country illegally. While this is one category, another includes those who were allowed entry with a legal temporary visa but overstayed their permitted time.

In addition to these two sets of individuals are those who entered legally, yet violated certain terms of their stay. For example, a student from another country who is admitted for academic study but remains without pursuing the courses would be a candidate for removal.

An individual who has been granted a tourist visa but becomes employed would also be subject to deportation.

Also, people who were admitted into the United States legally or even granted permanent residency (green card) may be deported if they violated the terms of their entry and residency can be considered for deportation. Violations that qualify to begin removal proceedings are:

  • Certain crimes including aggravated felonies, domestic violence, and moral crimes. According to lawyers.com, “foreign nationals may be removed if they do something that fits within the U.S. immigration law’s grounds for deportability.”
  • Failure to report any change of address to the United States Immigration and Citizenship Sevices within ten days of moving to a new location.
  • “Marriage fraud” or arranged marriage to a citizen or green card holder for the sole purpose of gaining residency
  • Producing false documents for entry
  • Presenting false documents proving U.S. Citizenship
  • Assisting in smuggling other individuals into the United States
  • Convicted of drug-related crimes or identified as drug addict

Which Agencies Are Involved in Immigration and Removal?Which Agencies Are Involved in Immigration and Removal

Three agencies play different roles in the immigration and removal process. The three key agencies are:

  • ICE (Immigration and Customs Enforcement): ICE consists of the front line immigration enforcement personnel who are responsible for identifying and detaining immigration violators.
  • USCIS (U.S. Citizenship and Immigration Services): USCIS is a Department of Homeland Security agency charged with reviewing and determining the eligibility of potential visa applicants, green card holders, and new citizens. USCIS sets the rules for residency for new applicants.
  • EOIR (Executive Office for Immigration Review): EOIR is a part of the U.S. Department of Justice responsible for hearing and deciding on immigration-related cases. It is the EOIR that is responsible for judgments related to removal or deportation.

How Does the Immigration Removal Process Work?

One crucial constitutional right is that people cannot be deported without a legal hearing and may have a deportation lawyer. The USCIS will appoint an attorney to present the case against anyone facing removal. To adequately defend yourself or family member, a competent and experienced deportation attorney is essential.

In the hearing, the USCIS and your immigration attorney will present each side of your case, ask questions, and may even present witnesses that may or may not support your arguments. Once all essential facts have been submitted, the judge will issue a ruling.

If the judge’s ruling grants you the right to stay in the United States, you may remain.

If the ruling supports deportation, you may have a chance to appeal or waive the verdict under certain circumstances. Not all cases qualify for an appeal, however. For example, if the removal is based upon an actual felony conviction, an appeal is not possible. In other instances, however, appeal to the Board of Immigration Appeals is possible.

In Dallas, consult with a  proven and dedicated immigration and deportation lawyer to discuss your case.

Call Davis & Associates Immigration Lawyers

Are you faced with removal proceedings? Never try to navigate through complicated immigration law without a deportation lawyer.

In Dallas, consult with the professional and dedicated lawyers of Davis & Associates. Their award-winning firm focuses strictly on immigration law and will provide a free, up-front consultation to discuss your situation. Multilingual and compassionate, Davis & Associates will help you to understand the circumstances and can present your case in its most favorable light.

Call today to schedule a free consultation at 214-628-9888.

About Davis & Associates:

Davis & Associates is the immigration law firm of choice in North Texas including Dallas, Fort Worth, Plano, Frisco, McKinney and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.